Terms of Service

1. Agreement to Terms

Welcome to FreeWatermarkCreator ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website at freewatermarkcreator.com and our watermarking tool (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Use of Service

2.1 Eligibility

You must be at least 13 years old to use our Service. By using the Service, you represent and warrant that you meet this age requirement.

2.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use our Service for personal or commercial purposes, subject to these Terms.

2.3 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates any applicable law or regulation
• Upload images that you don't own or have permission to use
• Upload images containing illegal, harmful, or offensive content
• Upload images that infringe on others' intellectual property rights
• Use the Service to create watermarks that are misleading or fraudulent
• Attempt to interfere with or disrupt the Service
• Attempt to gain unauthorized access to our systems
• Use automated tools (bots, scrapers) without permission
• Reverse engineer or attempt to extract source code
• Remove or modify any copyright notices or watermarks on the Service itself

3. Intellectual Property Rights

3.1 Your Content

You retain all rights to your images and watermarks. We do not claim any ownership rights to the content you upload or create using our Service.

By using our Service, you represent and warrant that:

• You own or have the necessary rights to use the images you upload
• Your use of the Service does not violate any third-party rights
• Your content does not violate any laws or regulations

3.2 Our Content

The Service and its original content (excluding user-uploaded images), features, and functionality are owned by FreeWatermarkCreator and are protected by international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

3.3 Watermarked Images

Images you create using our watermarking tool are yours to use as you wish. You may:

• Use watermarked images for personal or commercial purposes
• Post watermarked images on Instagram or other social media
• Sell or license watermarked images (if you own the original)
• Modify watermarked images further

4. User Responsibilities

4.1 Content Ownership

You are solely responsible for ensuring you have the right to use any images you upload to our Service. This includes:

• Images you created yourself
• Images you purchased or licensed
• Images you have permission to use

4.2 Copyright Compliance

You agree not to use our Service to watermark images that infringe on others' copyrights. Watermarking an image does not grant you copyright ownership—it only adds a visual mark to the image.

4.3 Prohibited Content

You agree not to upload images containing:

• Illegal content (child exploitation, terrorism, etc.)
• Hate speech or discriminatory content
• Graphic violence or gore
• Sexually explicit content (pornography)
• Content that violates others' privacy
• Malware or malicious code

5. Service Availability

5.1 No Guarantee of Availability

We strive to keep our Service available 24/7, but we do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance
• Technical issues or server problems
• Third-party service disruptions
• Force majeure events

5.2 Modifications to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation of the Service.

5.3 Free Service

Our core watermarking tool is provided free of charge. We reserve the right to introduce premium features in the future, but the basic watermarking functionality will remain free.

6. Disclaimers

• Merchantability: We don't guarantee the Service is suitable for your specific needs
• Fitness for Purpose: We don't guarantee the Service will meet your requirements
• Non-Infringement: We don't guarantee your use won't infringe third-party rights
• Accuracy: We don't guarantee the Service is error-free or accurate
• Security: We don't guarantee the Service is completely secure
• Results: We don't guarantee specific results from using the Service

6.1 Watermark Effectiveness

While watermarks can deter content theft, we do not guarantee that watermarks will prevent all unauthorized use of your images. Determined individuals may still attempt to remove or crop watermarks.

6.2 Instagram Compliance

We provide guidance on Instagram-optimized watermarking, but we do not guarantee that watermarked images will comply with Instagram's terms of service or perform well on the platform. Instagram's policies may change at any time.

7. Limitation of Liability

This includes, but is not limited to, damages resulting from:

• Your use or inability to use the Service
• Unauthorized access to your content
• Loss or corruption of your images
• Errors or bugs in the Service
• Third-party content or conduct
• Copyright infringement claims

Maximum Liability: In no event shall our total liability to you exceed $100 USD or the amount you paid us in the past 12 months (whichever is greater). Since our Service is free, this effectively limits our liability to $100 USD.

8. Indemnification

You agree to indemnify, defend, and hold harmless FreeWatermarkCreator, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights (including intellectual property rights)
• Your uploaded content
• Any claim that your content caused damage to a third party

9. Third-Party Links and Services

Our Service may contain links to third-party websites or services (e.g., Instagram, social media platforms). We are not responsible for:

• The content or privacy practices of third-party sites
• Any damages or losses caused by third-party services
• The availability or accuracy of third-party services

Your use of third-party services is at your own risk and subject to their terms and conditions.

10. Termination

10.1 Termination by You

You may stop using the Service at any time. Since no account is required, simply stop accessing the website.

10.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, without notice, for any reason, including if we believe you have violated these Terms.

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will survive (including intellectual property provisions, disclaimers, and limitations of liability).

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through:

1. Informal Negotiation: Contact us at legal@freewatermarkcreator.com to attempt resolution
2. Binding Arbitration: If informal negotiation fails, disputes will be resolved through binding arbitration

11.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending an email notification (for significant changes)

Your continued use of the Service after changes constitutes acceptance of the new Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FreeWatermarkCreator regarding the Service and supersede all prior agreements.

15. Contact Information

If you have any questions about these Terms, please contact us: